In my divorce i was told i had the right to claim my child everyother year on my taxes....?

Question

In my divorce papers i was given the right to claim my child everyother year on my taxes until my ex thru a fit the first time that i went to claim him. I held back for several years and now he lives with me. I come to find out he claimed him before i could get my taxes done. what can be done to get my tax return figured correctly with my boy on my taxes, is there a way to make him pay back?????

Answer 1

Yes there is a way. File your taxes claiming your child, but make sure to submit a copy of your divorce decree along with your taxes. Basically what will happen is this: If your ex has already filed, but you are entitled to file this time, the IRS will look into the matter. If they find that you are indeed the person that is allowed to claim your child then your ex will be contacted by the IRS in regards to the fact the he will now owe money to them. This money has to be paid before he can file another tax return or claim your child again. If they find that you are not entitled to claim your child this time around then you will get the tax refund coming to you. Make sure to submit a copy of your divorce decree when you file and keep your old tax papers on hand in the event that you are audited by the IRS. Good Luck

Answer 2

This happened to a friend of mine once with her ex. She went to the tax people and explained what the deal was. They did her taxes with her claiming her son. The government flagged her tax return but when showed the documentation that she was to claim the boy and not the ex the government went after the ex to get the money back they had paid him for claiming the child.

Answer 3

You can only go back 3 years and amend--but do that--let the IRS take it up with your husband. They'll eventually need the decree and you will get the difference of your amended refund and he will have to pay in what he took.

As for this year--if it's your year--go ahead and file and claim your son. Both returns will get kicked out and the IRS will sort it out (with the decree again).

Let your ex fuss all he wants--he violated the decree and should be held in contempt.

Answer 4

You have a legal document that states which year you can claim him...odd numbered years or even numbered years. If he is going against the court and the decree, I suggest you contact a lawyer. You are going to need proof of this. Also, the IRS might be able to help. They can audit him.

Answer 5

You should of abided by the court order and let your ex throw a fit all he wants. Make sure you claim your son the years you are suppose to. Your ex does not owe you money, you chose to not claim your son when you should of. You let the ex have the upper hand on that one.

Answer 6

Consult your attorney. The IRS is not responsible for figuring out your divorce settlements, who ever claims the child first, gets him. It is not fair, just the way it is. However, there might be legal recourse, since he is not abiding by the settlement arrangement.

Answer 7

I go through this every year. I have to send in the copies of my court order with my taxes. The government agencies then rectify the matter with my ex. Good luck.

Answer 8

See a lawyer, or go to the county office that regulates divorce in your county and ask them what to do. If he has gone against your divorce agreement then yes, you probably have the right to get paid back.

Answer 9

claim him on your taxes, the irs will ask the rest of the questions.
like who was he living with that year, who has custodial over the child , ect......., they will make the other pay the credit back...

Answer 10

report him that he fraudulently claimed the child but untill that happens not much you can do hey i wonder if we have the same last name